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HomeMy WebLinkAboutHA36610 - Mailbox Canopies-Carports at One Quail Pl AptsCONTRACT NO. HA36610 MEETING DATE: PREPARED BY: REQUEST: Recommendation STAFF REPORT PALM DESERT HOUSING AUTHORITY HOUSING DEPARTMENT April 26, 2018 Jessica Gonzales, Senior Management Ana Authorize the award of Contract No. HA36610 to S&T Contractors Services, Inc. for Construction of Mailbox Canopies and Carports Project at One Quail Place Apartments in a total amount of $278,500. By Minute Motion, that the Authority Board, 1) Waive any and all irregularities and authorize the award of Contract No. HA36610 to S&T Contractors Services, Inc. for Construction of Mailbox Canopies and Carports Project at One Quail Place Apartments. The contract will be in a total amount of $278,500; and 2) Authorize the Director of Finance to set aside 20% contingency of $55,700 for unforeseen conditions; and 3) Authorize the Executive Director or designee to review and approve written requests for the use of the contingency amount of $55,700 for unforeseen conditions; and 4) Authorize the Executive Director and/or the Chairman to execute the negotiated contract and any documents necessary to facilitate the contract award and project. Monies are available in the Authority's capital replacement budget. Housing Commission Recommendation The Housing Commission reviewed this recommendation at its regular meeting of April 11, 2018, and unanimously recommended approval of the staff recommendation. Strategic Plan This request does not apply to a specific strategic plan goal. Background Analysis A notice inviting proposals for Construction of Mailbox Canopies and Carports Project at One Quail Place Apartments ("Project") was advertised in the local newspaper on April 26, 2018 - STAFF REPORT Housing Authority - Authorize award of contract to S&T Construction Services, Inc. Page 2 of 2 March 18, 2018 and March 28, 2018. On Wednesday, April 4, 2018 at 2:00 p.m., proposals were opened and read aloud by the City Clerk and the following two (2) bids were received: S&T Contractors Services, Inc. NR Development, Inc. Palm Desert, CA Downey, CA $278,500 $299,500 The lowest responsive bidder is S&T Contractors Services, Inc. ("S&T") in the base bid amount of $278,500. Although S&T's bid did not include the Department of Industrial Relations (DIR) number on the outside of the envelope submitted, S&T's bid meets the qualifications for the Project. Staff recommends that the Authority Board waive this irregularity and any other irregularities and award the contract to S&T for the Project in the total amount of the base bid of $278,500 with a 20% contingency reserved for any additional unforeseen conditions necessary to be completed not to exceed $55,700. Staff also recommends that the Executive Director be authorized to review and approve written requests for the use of the contingency for unforeseen conditions that require additional work. Fiscal Analysis The fiscal impact of this contract is the cost of the contract itself in the amount of $278,500 plus 20% contingency in the amount of $55,700 (for unforeseen conditions) which will be paid from the Authority's capital replacement budget. LEGAL REVIEW DEPT. REVIEW N/A Robert H. Hargreaves Janet Moore City Attorney 1' erector of Finance FINANCIAL REVIEW %l'lL Janet Moore I3frector of Finance CONTRACTOR: S&T Contractors Services, Inc. 75151 Sego Lane, Suite E6 Palm Desert, CA 92211 ATTACHMENTS: Bid Form (Exhibit B) Draft Agreement CITY MANAGER Lauri Aylaia�- City Manager 4 6{BY HOUSG AUT1-1 13 -0 ON r)L- VERIFIED BY: ' ri nai on file %nth City I rk's. Offic. pq6c,t-lqinikiKelkhAte^' e t" L( Ct� 1C( J1YrtMccii NOEM.c)), SECTION 00400 BID FORM BID FORM , NAME OF BIDDER: , 1`t� T 06deacAas- c K UEc s 07?(7 • The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project: CONSTRUCTION OF MAILBOX CANOPIES AND CARPORT PROJECT AT ONE QUAIL PLACE APARTMENTS CONTRACT NO. HA36610 We hereby propose to furnish all labor, materials, equipment, tools, transportation, incidentals and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Contract Documents for the SUBMITTED TOTAL BID PRICE. In the event the bid schedule requires unit pricing, final payment shall be determined by the Authority from measured quantities of work performed based upon the unit price. Item No. 1 2 3 Description Construction of mail box canopy No. 1 Construction of mail box canopy No. 2 Construction of mail box canopy No. 3 Units LS LS LS 4 Construction of carport No. 1 LS 5 Construction of carport No. 2 LS 6 Construction of carport No. 3 LS 7 Construction of carport No. 4 LS Approximate Unit Cost Quantity 1 $/6666. -° 1 Total Amount $l40 $�3, 4 1 $ St‘' $ L%, Sel6' 5' $$ 917 56' $2,t)—$5,5,,9 8 Construction of carport No. 5 LS GRAND TOTAL 1 SECTION 00400 BID FORM -12- sz-aias) 77802.00000124431586 2 Construction of Mailbox Canopies and Carports Project Contract No HA36610 (March 18, 2018) SECTION 00400 BID FORM Bidders must provide pricing for every bid item. The estimated quantities for unit price items are for purposes of comparing bids only and the Authority made no representation that the actual quantities of work performed will not vary from the estimates. In case of discrepancy between the unit price and the line item cost set forth for a unit price item, the line item cost, calculated at the unit price multiplied by the estimated quantity, shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Line Item Cost" column, then the amount set forth in the "Line Item Cost" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. If any of the above discrepancies exist, the Authority may recalculate the bid price on the basis of the unit price and the bidder agrees to be bound by such recalculation. Final payment for unit price items shall be determined by the Authority from measured quantities of work performed based upon the unit price. TOTAL BID PRICE (BASED ON BID SCHEDULE TOTAL OF UNIT PRICES): $ 0_1 B5000 Total Bid Price in Numbers JUJIA 0 U:RJ1,0-fotrJ Tota Bid Price iWritten Form In case of discrepancy between the written price and the numerical price, the written price shall prevail. The undersigned agrees that the bid accompanied by this Bid Form constitutes a firm offer to the Authority which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the bid opening, or until a Contract for the Work is fully executed by the Authority and a third party, whichever is earlier. If the Contract Documents specify alternate bid items, the Alternate Additive or Deductive Bid amounts shall be added to or deducted from the Total Bid Price at the Authority's sole option. The Authority can choose to include one or more of the Alternate Bids in the Project. If any of the Alternate Bids are selected by the Authority, the resulting amount shall be added to or deducted from Total Bid Price for the Project. The Authority may select one or more of the Alternate Bids at the stated Bid Price up to SECTION 00400 BID FORM -13- 77802 00000124431586.2 Construction of Mailbox Canapes and Carports Project Contract No HA36610 (March 18. 2018) SECTION 00400 BID FORM sixty (60) days following award of the Contract. The Authority can award/select Alternate Bid items at any time(s). The Contract duration shall commence on the date stated in the Authority's Notice to Proceed, and shall be completed by the Contractor in the time specified in the Contract Documents. In no case shall the Contractor commence construction prior to the date stated in the Authority's Notice to Proceed, or before providing the required bonds and evidence of insurance. Bidder certifies that it is licensed in accordance with the law p o iding for the registration of Contractors, License No. ciSa-(03 , Expiration Date � class of license Ce. Bidder certifies that it is registered with the Departm - nt •f ndustrial Relations to perform public work, Registration No.03673t. If the bidder is a joint venture, each member of the joint venture must include the above information. The undersigned acknowledges understanding and full consideration of the electronically issued addenda to the Contract Documents. 1. Attached is the required bid security in the amount of not less than 10% of the Total Bid Price. 2. Attached is the fully executed Non -Collusion Declaration form. 3. Attached in the completed Designation of Subcontractors form. 4. Attached is the completed Bidder Information Form. 5. Attached is the completed Iran Contracting Act Certification. 6. Attached is the completed Contractor's Certificate Regarding Workers' Compensation form. I hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitt d in connection with this Bid and all of the representations made herein are true and •`,'rrect. Name of Bidder E-fi- �• J��s(11C- Signature t5(-3 Name and TitleSeG.-�..e , ( �►frJ Dated SECTION 00400 BID FORM - 14 - 77802.00000124431586.2 Construction of Mailbox Canopies and Carports Project Contract No. FIA36610 (March 18, 2018) SECTION 00400 BID FORM A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) SS. County of Riverside ) On 17/2- /Z— / 20ie before e, 5h -i- 6X , a Notary Public, personally a$peared C5E/4�e1.E Lf $_I_p LI , who proved to me on the basis of satisfactory evidence to be the persons whose namecyrsare subscribed to the within instrument and acknowledged to me that he/they executed the same in er/their authorized capacity(irj, and that by is her/their signature($on the instrument the rson(s), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SHIRLEY A. BARDSNES Notary Public - California Riverside County '��-.►� Commission # 2162843 M�r Comm. Expires Se? 13, 2020 END OF BID FORM SECTION 00400 BID FORM -15- 77802 00000124431586.2 Construction of Mailbox Canopies and Carports Protect Contract No. HA36610 (March 18, 2018) DRAFT FOR DISCUSSION CONTRACT THIS CONTRACT is made this 26TH day of April, 2018, in the County of Riverside, State of California, by and between the Palm Desert Housing Authority, hereinafter called Authority, and , hereinafter called Contractor. The Authority and the Contractor for the considerations stated herein agree as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project: CONSTRUCTION OF MAILBOX CANOPIES AND CARPORT PROJECT AT ONE QUAIL PLACE APARTMENTS CONTRACT NO. HA36610 The Contractor and its surety shall be liable to the Authority for any damages arising as a result of the Contractor's failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Authority's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 90 calendar days from the commencement date stated in the Notice to Proceed, hereinafter the Contract Time. By its signature hereunder, Contractor agrees the Contract Time for completion set forth above is adequate and reasonable to complete the Work. ARTICLE 3. CONTRACT PRICE. The Authority shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Dollars ($ ), hereinafter the Contract Price. Payment shall be made as set forth in the General Conditions. ARTICLE 4. LIQUIDATED DAMAGES. The Contractor acknowledges that the Authority will sustain actual damages for each and every day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the Authority's actual damages. Accordingly, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the Authority the sum of $350 for each and every calendar day of delay in completing the Work beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event the Liquidated Damages are not paid, the Contractor agrees the Authority may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not affect the Authority's rights to other damages or remedies specified in the Contract Documents or allowed by law. SECTION 00500 CONTRACT -1- 77802 00000 t 24431586 2 Construction of Mailbox Canopies and Carports Project Contract No. HA36610 (March 18, 2018) DRAFT FOR DISCUSSION Should Contractor be inexcusably delayed in the performance of the Work, Authority may deduct Liquidated Damages based on its estimate of when Contractor will achieve Final Completion or other milestones. Authority need not wait until Final Completion to withhold Liquidated Damages from Contractor. Liquidated Damages are not a penalty but an agreed upon estimate of the actual damages that would be sustained by the Authority for delay, including but not limited to loss of revenue, inconvenience to the Authority and the public, and increased Project administration expenses, such as extra inspection, construction management, staff time and architectural and engineering expenses. Liquidated Damages do not include actual damages the Authority incurs on account of claims by third parties against the Authority on account of any delay. Should money due or to become due to the Contractor be insufficient to cover Liquidated Damages or other offsets due, then Contractor forthwith shall pay the remainder of the assessed liquidated damages to Authority. ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the following documents, each of which is incorporated into this Contract by reference: • Notice Inviting Bids • Instructions to Bidders • Bid Form • Contractor's Certificate Regarding Workers' Compensation Bid Bond • Non -Collusion Declaration form • Contractor Information and Experience Form • List of Subcontractors Form • Iran Contracting Act Certification • Contract • Performance Bond • Payment Bond • Environmental documents and approvals • General Conditions • Special Conditions • Technical Specifications (including Appendices) • Addenda • Plans and Drawings • Approved and fully executed change orders • Federal Requirements • Standard Specifications for Public Works Construction (Greenbook), Current Edition, except Sections 1-9 • Any other documents contained in or incorporated into the Contract SECTION 00500 CONTRACT -2- 77802 00000124431586 2 Construction of Mailbox Canopies and Carports Protect Contract No HA36610 (March 18 2018) DRAFT FOR DISCUSSION The Contactor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including but not limited to, the provisions of the California Labor Code and Public Contract Code applicable to this Project. If the Work involves federal funds, the Contractor and all its subcontractors shall comply with all requirements set forth in the attached Federal Requirements. ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions. ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the Authority's offices, 73-510 Fred Waring Drive, Palm Desert CA 92260, or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site. ARTICLE 9. NOTIFICATION TO AUTHORITY. Contractor acknowledges that the Authority provides forty-eight (48) hours -notice to residents in advance of the start of any Work that is to occur at any residential unit. Contractor shall provide sufficient notice to the Authority before beginning any such Work so that the Authority may provide timely notice to residents. The Authority shall be given at least 48 hours -notice prior to the creation of any condition affecting pedestrian paths of travel. Contractor shall continuously inform Authority of the progress of the Work or of any impacts of the Work upon residential units or facilities. ARTICLE 10. LOCAL LICENSES AND PERMITS. Unless the Contract Documents state otherwise, Contractor shall be responsible for securing City of Palm Desert business license(s), building permits, and any other licenses or permits necessary to perform the Work. IN WITNESS WHEREOF, this Contract has been duly executed by the above -named parties, on the day and year above written. SECTION 00500 CONTRACT -3- 77802.00000\24431586 2 Construction of Mailbox Canopies and Carports Project Contract No HA36610 (March 18 2018) DRAFT FOR DISCUSSION NAME OF CONTRACTOR1 PALM DESERT HOUSING AUTHORITY By By Name and Title: Name and Title: License No. Registration No. END OF CONTRACT SECTION 00500 CONTRACT -4- 77802 00000\24431586 2 Construction of Mailbox Canopies and Carports Project Contract No HA36610 (March 18, 2018) DRAFT FOR DISCUSSION PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the Palm Desert Housing Authority (hereinafter referred to as "Authority") has awarded to , (hereinafter referred to as the "Contractor") an agreement for (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, , the undersigned Contractor and as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the Authority in the sum of DOLLARS, ($ ), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the Authority and City, their officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the Authority's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. SECTION 00610 PERFORMANCE BOND -5- 77802 00000\24431586 2 Construction of Mailbox Canopies and Carports Project Contract No HA36610 (March 18. 2018) DRAFT FOR DISCUSSION Whenever Contractor shall be, and is declared by the Authority to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Authority's option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Authority, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the Authority under the Contract and any modification thereto, less any amount previously paid by the Authority to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the Authority to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the Authority under the Contract and any modification thereto, less any amount previously paid by the Authority to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the Authority may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the Authority, when declaring the Contractor in default, notifies Surety of the Authority's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. SECTION 00610 PERFORMANCE BOND -6- 77802 00000t24431586 2 Construction of Mailbox Canopies and Carports Project Contract No HA36610 (March 18, 2018) DRAFT FOR DISCUSSION IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20_). (Corporate Seal) (Corporate Seal) Contractor/ Principal By Title Surety By Attorney -in -Fact Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. (Attach Attorney -in -Fact Certificate) Title The rate of premium on this bond is premium charges, $ (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California per thousand. The total amount of SECTION 00610 PERFORMANCE BOND -7- 77802 00000t24431586 2 Construction of Mailbox Canopies and Carports Project Contract No HA36610 (March 18. 2018) DRAFT FOR DISCUSSION ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On before me, (insert name and title of the officer) personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hi/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. SECTION 00610 PERFORMANCE BOND -8- 77802 00000 \ 24431586 2 Construction of Mailbox Canopies and Carports Project Contract No. I1A36610 (March 18, 2018) DRAFT FOR DISCUSSION PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the Palm Desert Housing Authority (hereinafter designated as the "Authority"), by action taken or a resolution passed , 20 has awarded to hereinafter designated as the "Principal," a contract for the work described as follows: (the "Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the Authority in the penal sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. SECTION 00610 PERFORMANCE BOND -9- 77802 00000124431586 2 Construction of Mailbox Canopies and Carports Project Contract No HA36610 (March 18, 2018) DRAFT FOR DISCUSSION It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or Authority and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20. (Corporate Seal) (Corporate Seal) Contractor/ Principal By Title Surety By Title Attorney -in -Fact Signatures of those signing for the Contractor and Surety must be notified and evidence of corporate authority attached. A Power -of -Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. SECTION 00610 PERFORMANCE BOND -10- 77802 00000124431586 2 Construction of Mailbox Canopies and Carports Project Contract No. HA36610 (March 18, 2018) DRAFT FOR DISCUSSION ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On before me, (insert name and title of the officer) personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hi/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. SECTION 00610 PERFORMANCE BOND -11- 77802 00000t24431586 2 Construction of Mailbox Canopies and Carports Project Contract No HA36610 (March 18, 2018)